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LABOR CERTIFICATION

The sponsoring employer must file a Labor Certification (a.k.a. PERM) with the Department of Labor certifying that there are ?no willing and able? U.S. workers to do the job the foreign national will perform. This is usually proved by submitting proof of advertising for the specific position, skill requirements for a particular job and verification of the prevailing wage for a position and the employer?s ability to pay the offered wage;

EB-1 PRIORITY WORKERS

28.6% of worldwide employment based preference level, plus any numbers not required for fourth and fifth preferences. Many foreign nationals would like to file under this priority because there is usually no wait time since the priority dates are usually current. In addition, there is no need to file a Labor Certification.

APersons of extraordinary ability

BOutstanding Professors and Researchers

CManagers and executives subject to international transfer to the U.S.

EB-2 PROFESSIONALS WITH ADVANCED DEGREES OR PERSONS WITH EXCEPTIONAL ABILITY

28.6% of the worldwide employment based preference level, plus any numbers not required by the first preference (EB-1). It is important to note that it is easier to obtain an approved I-140 under EB-3 than EB-2 because the job requirements for EB-2 are closely scrutinized by USCIS. Nevertheless, it is advantageous for foreign nationals of oversubscribed countries (China, Mexico, India and the Phillipines)

FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER

Must be filed by the sponsoring employer together with the Certified Labor Certification and evidence demonstrating the ability to pay the prevailing wage (i.e. federal tax returns, audited financial statements and annual reports). The sponsoring employer will also need to prove that the company exists by providing pictures, a copy of the office lease, contracts, etc. It is important to note that obtaining an approval of Form I-140 does not confer status and that the approval is entirely contingent upon the employee upon remaining in the same job.